Judgment_paragraph 26 · Franz Wilhelm Langguth Erben GmbH & Co. KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (T-378/11)

26In order to uphold the claim of seniority of the earlier national mark for the purposes of the application for registration of the Community trade mark, three cumulative conditions must be fulfilled: the earlier mark and the Community trade mark applied for must be identical; the goods or services covered by the Community trade mark applied for must be identical to, or contained within, those covered by the earlier mark; and the proprietor of the marks at issue must be the same (Case T-103/11 Shang v OHIM (justing) [2012] ECR, paragraph 14).

Franz Wilhelm Langguth Erben GmbH & Co. KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (T-378/11)

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